Locke v Locke [1956] HCA 18

Locke v Locke [1956] HCA 18

The medical evidence of the intervener's virginity was not treated with the requisite weight. It created a very heavy burden on the party alleging adultery and required affirmative proof to the reasonable satisfaction of the court. The trial judge erred by treating other circumstances as raising a presumption and considering whether such was rebutted by the medical evidence, rather than weighing all evidence together. On the whole evidence, the charge of adultery was not satisfactorily proved.

Parties
Petitioner: Thelma Phyllis Lorraine Locke; Respondent: Terry James Locke; Intervener: Gloria Armstrong
Jurisdiction
Australia
Judgment Date
27 April 1956
Procedural Posture
Matrimonial Causes / Dissolution of Marriage / Appeal From the Supreme Court of New South Wales
Outcome
appeal allowed; petition for dissolution dismissed
Legal Topics
Adultery, Dissolution of Marriage, Burden of Proof
Family Law Adultery Dissolution of Marriage Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Thelma Phyllis Lorraine Locke

Petitioner

Terry James Locke

Respondent

Gloria Armstrong

Intervener

Procedural Posture

Matrimonial Causes / Dissolution of Marriage / Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether there was sufficient affirmative proof to the reasonable satisfaction of the court that adultery occurred as a ground for dissolution of marriage in circumstances where the intervener was found to be virgo intacta

Ratio Decidendi

The medical evidence of the intervener's virginity was not treated with the requisite weight. It created a very heavy burden on the party alleging adultery and required affirmative proof to the reasonable satisfaction of the court. The trial judge erred by treating other circumstances as raising a presumption and considering whether such was rebutted by the medical evidence, rather than weighing all evidence together. On the whole evidence, the charge of adultery was not satisfactorily proved.

Court Disposition

appeal allowed; petition for dissolution dismissed

Orders

  • Discharge so much of the decree or order of the Supreme Court of New South Wales dated 29th December 1955 as relates to the petition of Thelma Phyllis Lorraine Locke, No. 2142 of 1953.
  • Order and decree that the said petition be dismissed.